Court Finds Probable Cause In Spencer Misconduct Case

Attorney William F. Sulton and Tearman Spencer. Photo taken Oct. 5, 2024 by Graham Kilmer.

Former city attorney Tearman Spencer made his initial appearance before a court Tuesday afternoon, seeking to have charges of misconduct in office and obstruction of justice dismissed.

The charges, which stem from his single term as city attorney from 2020 to 2024, were not dismissed and his case will go to trial. His attorney, William F. Sulton, argued none of his actions were inconsistent with the day-to-day duties of the office and that the allegations against him do not amount to a crime.

“I think if you actually talk to lawyers about what lawyering actually is, there’s no there there,” said 

As city attorney, Spencer served as the chief legal counsel for the City of Milwaukee and its constituent government agencies. The office leads a team of approximately three dozen attorneys.

Spencer was charged in October with one count of felony misconduct in public office, which carries potential penalties of up to a $10,000 fine and three and a half years of incarceration; and one count of misdemeanor obstructing an officer, with potential penalties of up to a $10,000 fine and nine months imprisonment. Spencer will not be held in custody and will be booked this week on a $2,000 signature bond.

The case will go before a Milwaukee County Circuit Court judge for a “de novo” hearing, which will allow Spencer’s attorney to argue once more against the state’s case for probable cause.

The Milwaukee County District Attorney’s office is alleging Spencer used his discretionary power to “obtain a dishonest advantage for another.” Specifically, it’s alleged he attempted to use his power to avoid inspection fees from the Department of Neighborhood Services (DNS) for a property he rented at 3030 N. Martin Luther King Jr. Dr. to store his collection of vehicles, as Urban Milwaukee previously reported.

Spencer is alleged to have interfered with a city inspector and directed an assistant city attorney to draft a memo in July 2022 determining that he did not need an occupancy permit to store cars at the property. Spencer was also part of an ownership group that sold the property to current owner Mohammad Arif Ghaffar, in 2019, according to the criminal complaint.

Sulton, who is also president of the ACLU of Wisconsin, argued the allegations outlined in the criminal complaint do not amount to probable cause and asked Court Commissioner Dewey B. Martin to dismiss the charges.

“The allegations in this case are that the city attorney directed subordinates to conduct legal research after receiving the inquiry from a public citizen,” Sulton said. “There’s nothing inconsistent at all with that.”

Assistant District Attorney Nicolas J. Heitman argued Spencer assigned work to his subordinates in a manner that benefited him and that multiple members of his office told law enforcement “that the city attorney should not use city resources for his own personal benefit, and that’s what the complaint alleges here, to the tune of some $5,000 in fines and fees that were attempted to be avoided.”

Heitman also argued that Spencer lied to law enforcement, which by itself amounts to obstruction of justice. Sulton argued that the criminal complaint alleges Spencer told officers he “did not recall” and that he did not lie.

Commissioner Martin declined to dismiss the charges, explaining that there was enough information in the criminal complaint for probable cause.

“I think that these are trial issues,” he said.

After the hearing, Sulton told the media the case against Spencer was baseless, and he’s confident a circuit court judge will dismiss the charges.

Asked why the D.A.’s office charged his client, Sulton said, “I think the D.A.’s office likes cases that generate news coverage.”

Government lawyers receive requests from the public or outside lawyers all the time, Sulton said. That Spencer had a personal connection to the matter does not amount to criminal activity, he said.

“The legal profession itself is a social profession,” Sulton said. “There’s nothing untoward or unusual about this at all.”